Native American Press / Ojibwe News (Bemidji, Minnesota), 2003-11-21

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
Tribal leaders
skeptical about
Bush administration
page 3
Highlights of Michael
Johnson's LLB RTC
employment contract
page 5
Press/ON announces
who is biggest turkey in
Minnesota Indian country
page 4
The Indian Child
Welfare Act?
page 4
Financial fiasco
in progress at
Shingobee and
elsewhere at
Leech Lake
page 4
Red Lake Nation Tribal Court Judge dismisses
three prohibited drug charges
VOICE      OF      THE      PEOPLE
By Bill Lawrence
According to a complaint
filed in Red Lake Tribal Court
on Wednesday, November 12,
2003, Red Lake Nation Tribal
Court Judge Garnet Comegan
dismissed three prohibited drug
charges against Charles Dounell,
a Red Lake Tribal member. Red
Lake Tribe was represented by
Michael Klinkhammer, Tribal
Prosecutor. The defendant,
Charles Doimell, was represented by Donald Cook, Sr.
At the heaiing Donald Cook,
Sr. made an oral motion to suppress "an[y]/all evidence" based
on the argument that the search
warrant was not sighed by a
judge and not returned within 10
days as indicated by die record
as only an affidavit was submitted.
The prosecutor, Klinkhammer, objected. However, Judge
Comegan granted the motion
and ordered all evidence to be
suppressed. Donald Cook, Sr.
motioned to dismiss all charges.
Judge Comegan dismissed all
tiiree Proliibited Drug charges in
violation of Tribal Ordinance T-
77.
The prohibited drugs include
five bags of marijuana packaged
for sale and nietliamphetaminc in
small packages that were packaged for sale. Officer William
Wliite claims there were diree
packages of mediamplietamine.
However, Officer Herb May,
who assisted Officer Wliite,
claims there were four packages
of methamphetamine.
The third charge of Proliibited
Drugs was for a digital glass
pipe commonly used to smoke
crack cocaine. Because these
charges are gross misdemeanor
charges, if convicted, a person
could be sentenced up to one
year in jail and/or a $5,000 fine.
Further, for a sale of drugs, there
is a mandatory six months jail
sentence in Tribal Court for violation of this charge.
Judge Comegan did set tlie
remaining charges of Fleeing an
Officer (a gross misdemeanor),
Assault of a Police Officer (a
gross misdemeanor), and Reckless Driving (a misdemeanor) for
jury trial on December 17,2003,
at 9:00 a.m.
The complaint stemmed from
an incident that occurred on
October 27,2003, in tlie village
of Redby, Minnesota, located
within the exterior boundaries of
die reservation. Officer William
White observed Charles Donnell
driving at an excessive speed in
Redby. Because the defendant
appealed nervous and had bloodshot, watery eyes, Officer Wliite
asked Donnell to step out of die
vehicle. At diat time, Donnell
was wealing a bluejacket.
Donnell refused and backed
DISMISS to page 4
The great Leech Lake white sale
By Randy Finn and Mindy
Jones-Ruby
Peter D. Wliite, Chainnan of
I^eech Lake Reservation Business Committee (LLRBC),
promised open meetings and full
access on important matters to
all tribal members during last
year's election campaign. However, with Wrliite at the helm,
secrecy at LLRBC has become
the nonn. Business deals, widi
an ever-changing list of corporations and or individuals, come
lo light only when someone in
administration stumbles across a
suspicious deal and gets die information out. Some on diat list
include: Marketing Underwriters Acquisitions, Inc. and W.D.
Larson Companies, Inc., Cash
System, Inc. (Mr. Craig Potts),
Vacation Ventures, Inc., and die
Marshall Group.
The secrets include tribal
administration and gaming finances, job creations and hires,
closing of programs.
Most of die Leech Lake RBC/
Business Corporation projects
and secret business deals stem
from the sudden appearance of
^Mr. Mike Johnson who was appointed by the LLRBC as Chief
Executive Office (CEO) in May.
A political appointment as diere
was no job posting. Johnson,
widi no gaming experience (or
a resume), took control of a hurriedly created Leech Lake Business Corporation \Division diat
replaced the dien Corporate Commission diat also served as die
Gaming Coimnission. The RBC
took over as die Gaming Commission. Administrative management of gaming and businesses
came under CEO Johnson.
Shordy after Johnson's appointment as LLCEO die now
infamous Letter of Intent (April
22. 2003) was leaked. This legal
and binding contract was with
"Marketing Underwriters Acquisitions, Inc. and W.D. Larson
Companies, Inc. The Letter of Intent was signed by all five RBC
members as well as Johnson. It
was a deal to fund numerous
projects supposedly to benefit
the Leech Lake Reservation.
These projects included a new
Sliingobee Casino/Marina, the
100 homes development project,
and a plan to move die Palace
Casino (AKA Cass Lake Casino) up on to Highway 2, which
would result in the subsequent
relocation of tribal families from
the targeted development area.
(Tract 33) "For it's financing
and management consulting services, die Company shall receive
approximately 25% of the gross
income derived from the Shingobee Casino's slot machines..."
and die Cass Lake Casino. 'The
estimated cost to finance the constniction of Shingobee Casino,
Cass Lake Casino and the Affordable Housing Project (Sliingobee Home Project) is approximately $20 million. The Tribe
will pledge necessary collateral
for diese projects, as required."
(Emphasis added)
As a supplement to the agreement, die company "requested
that Mike Johnson's Employment Agreement be extended for
three years to ensure that Johnson
SALE to page
Discrimination in Metropolitan Housing: Natives in
Minnesota face discrimination according to HUD
By Jean Pagano
Native Americans in metropolitan areas faced discrimination in
housing 29% of the time, a new
TILT) study discloses. Eight metropolitan areas in tiiree states, including diose in Minnesota, were
surveyed for a new Housing
and Urban Development (HUD)
report entided Discrimination in
Metropolitan Housing Markets,
Phase III.
Tlie Phase III report concentrates on discrimination against
Native Americans. The survey
measured die level of discrimination for Natives in Montana
and Minnesota when renting and
in New Mexico when renting or
buying property. According to
die survey, Natives were 3 times
more likely to face discrimination dian African-Americans,
Hispanics, Asians, and Pacific Islanders. Typically, wliite surveyors were told about die availability of an advertised unit; about
additional units, and similar units
much more readily dian were
their Native counterparts.
The methodology used in the
surveys was to use paired tests,
in which one wliite individual
and, in diis case, one Native individual would inquire about die
same unit for rent or sale. These
individuals present themselves as
similarly qualified potential tenants and/or buyers with comparable family situations, job characteristics, housing preferences,
and educational backgrounds.
These attributes are presented for
the sake of gauging the reaction
of landlords and sellers. Paired
testing is a mediodology dial has
been used since the 1970's for
fair housing enforcement.
Predominant tribes diat are
found in die test areas included
Navajo and Pueblo in New
Mexico; Crow, Blackfeet, and
Sioux in Montana; Chippewa
and Sioux in Mimiesota. The
basic unit of discrimination was
the withholding or denial of infonnation to prospective tenants
widi regard to die availability of
rental property. Wliite applicants
were often given more information about the availability of
advertised units, similar units, or
additional units.
Discrimination against Native
Americans ranged from 25.7%
for prospective tenants in New
Mexico to a high of 33.3% in
Minnesota. The currency of
discrimination was information
about available units: white applicants were given more mid
varied infonnation; Natives were
not. In New Mexico, where die
survey included Natives that
were prospective home buyers,
whites were more often than not
steered toward neighborhoods
that were predominandy white
wliile Natives were not. In diese
cases, die discrimination took
the fonn of denial of information
and denial of access. In the New
Mexico survey, the discrimination always sought to maintain
the status quo, especially with
HUD to page 3
Federal grand
jury indicts
four Red Lake
women
Minneapolis - U.S. Attorney's
Office. Four women from the
Red Lake Indian Reservation
were indicted Tuesday, November 18,2003 by a federal grand
jury for dieft from a tribal organization. Named as defendants
in the indictment were: Sandra
R. Cobenais, age 37; Connie
J. Dunkley, age 28; Nicole L.
Neadeau, age 23; Rose M. Thunder, age 22.
The grand jury alleged in die
indictment dial from October
2001 until January 2002, die
defendants embezzled approximately $10,821 belonging to the
Red Lake Band of Chippewa
Indians.
If convicted, each defendant
faces a maximum potential penalty of five yeas in prison and/or
a $250,000 fine on each-count
for which diey were charged.
Any sentence would lie determined by a judge based on die
federal sentencing guidelines.
The case is the result of an
investigation by die Federal
JURY to page 3
True cost to Leech Lake band members
for 100 Homes Project unknown
By Diane E. Wliite
There is a shortage of housing
on most Indian Reservations as
well as a shortage of land base.
At Leech Lake, the 100 Homes
Project is a opportunity to meet
the basic needs of some residents, however, the tme cost of
these homes may ultimately be
a burden to all tribal members
whether they live on or off the
Reservation.
According to Leech Lake's
spokesperson for the Project,
Vice President of Operations for
the Business Corporation. Bob
Goggleye stated (in a previous
article) that 70 homes would
be built with a $7,000,000 loan
from one investor, Craig Potts
(owner, Cash Systems. Inc.).
He also slated the remainder
homes would be finished next
summer, but he did not know
where the funding for the additional homes would come from.
Contrary to this statement. Potts
is not the sole investor, and is
reportedly pulling out from his
contractual commitment according to sources close to the deal-
making.
According to Goggleye, die
Home-Buyers can expect to
pay around $275 per month in
no-interest mortgage payments
and according to the Leech
Lake Cash Needs ... financial
statement, the mortgages are
amortized over a 15 year period.
At the end of 15 years, each
mortgage will still carry a balance of $20,500. With payments
at $275 and no interest, it will
actually take each Home Buyer
21 years and 3 months to pay
off the mortgage. The question
is how will the Tribe work out
the remaining balance should
diey guarantee Home Buyers a
15 year mortgage. Multiplied
bv "100. the cost to the Tribe is
$2,050,000. At this point, the
default to the loan is no longer
in effect and die land base is
not compromised: however,
$20,500 to each Home Buyer is
considered taxable by die IRS.
and so is the imputed interest
on a none interest bearing loan.
This may become a burden for
die home owners.
Since most likely, diere will
be 70 homes built with the
$7,000,000 loan, the amount tlie
Tribe will have to cover at the
COST to page 3
web page: www.press-on.net
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Founded in 1988
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Volume16 Issued
o.|
November i4, 2003
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■
State Senator Linda Berglin listens to Faron Jackson explain some of the problems the Leech Lake
people are experiencing with the administration of the Indian Child Welfare Act (ICWA).
Leech Lake tribal council handed petition by
urban tribal members
By Delvin Cree
Tlie Leech Lake tribal
Council was handed a petition
by urban tribal members who
reside in die Twin Cities area
and are upset that they are not
represented when it comes to
family issues diat pertain to
the Indian Child Welfare Act (
ICWA). Hie 400+ signed petition was given to die council at
a monthly meeting held at the
Minnesota Indian Womens Resource Center in Minneapolis
on November 18,2003.
(ICWA) The Indian Child
Welfare Act was created in
1978 by die federal government in order to re-establish
tribal authority over the adoption of indimi children. Tlie
purpose of the act is to preserve indian families and dieir
culhvre. Urban band members
who signed the petition came
to die meeting requesting that
the council support die idea
for a new Leech Lake Twin
Cities ICWA office They are
concerned also that dieir rights
as parents and or gaurdians are
being discarded for not chal
lenging die system diat is supposed to protect them.
About 75 tribal members attended die two hour meeting
and feast. Several spoke of dieir
personal experiences in dealing
widi child protection. One issue
that came up is diat preference
is not given lo family members
or die Indian community when
Indian children are put in foster
homes. Most children are being
put in wliite homes.
State Senator Linda Berglin
attended the meeting and answered questions by the group
regarding ICWA issues. She
mentioned a few times diat die
tribe is held accountable and
should be the deciding factor
when it comes to die best interests of die children. She said that
in some cases legal representation is needed and maybe the
Legal Aid office in Minneapolis
can help.
Avis Poupart who attended die
meeting early on and who is die
current director of the Twin Cities Leech Lake Office die group
diere is a plan in store for hiring
of one or maybe two people who
would work out of the twin cities
office and would deal specifically with clients who need the assistance in the handling of ICWA
cases. Faron Jackson agreed diat
the current ICWA system needs
immediate attention. He said
they are in process of putting a
panel of ICWA Commissioners
together. The panel will consist
of six tribal members, widi one
being an urban representative
from die twin cities area. After
die selection of panel members
he said they would start die hiring process of one or maybe two
ICWA workers. The person or
persons should start at the begin-
ing of the year he said.
Gaylord Anoka a spokesman
for die Leech Lake Twin Cities
and urban population is encouraging members to call State
Senator Linda Berlin at 651-296-
4261 or State Representative
Karen Clark at 651-296-0294
and have them advocate on dieir
behalf.
The Leech Lake band is made
up of 7,000+ enrolled members.
Half live in die Twin cities and
surrounding area.
Energy bill
would ease
hurdles for
Indian energy
By Robert Gelirke
Associated Press
WASHINGTON - Republicans pushed forward a
massive energy bill Monday
diat includes a provision to
expedite energy development
on American Indian reservations., despite oppositions
from Democrats diat say it
eliminates environmental protections.
Sen. Ben Nighthorse Campbell, R-Colo., who audiored
BILL to page 3
Indian tribes
forge ties with
$42 million loan
Associated Press
ST. PAUL -A $42 million
loan between two of Minnesota's American Indian tribes reflects die varying fortunes diat
casino gambling has brought
to Indian country, widi some
tribes enjoying great success
and odiers still struggling to
overcome poverty.
The Shakopee Mdewakanton Sioux Community is in
die final stages of loaning die
LOAN to page 3
Dakota Indians say government
mismanaged land trust
Associated Press
MINNEAPOLIS - Eniie Peters Longwalker says die fruits
of die land where fellow Dakota
Indians live in lavish homes and
reportedly rake in millions of
dollars in casino payments rightfully belong to him as much as
diem, perhaps even more so.
He has just as much Mdewakanton Dakota blood, maybe
even more, than some members
of the Shakopee Mdewakanton
Sioux Community, die 71-
year-old said. But because die
American Indian band doesn't
recognize him as a member, he's
living on $729 a month.
Who's to blame? The federal
government to start, Longwalker
said, for breaking its deal and
failing to properly manage a land
tnist diat dates back to 1886.
Longwalker is one of 135
Dakota Indians who sued die
government Tuesday over 950
acres deemed the " 1886 Lands"
in five Minnesota counties. It
includes some of die state's most
profitable casinos, including
TRUST to page 3
Supreme Court refuses to hear
Indian gambling case
Associated Press
■   WASHINGTON - The Supreme Court refused to get into
a debate over Indian gambling
on Monday.
New York had urged the justices to consider whedier courts
have the authority to block
tribal-state agreements, which
state lawyers said are in place in
about 25 states nationwide.
Justices declined, without
comment, to review a 4-3 decision by New York's highest
court that found diat governors
caimot bypass the Legislature
when authorizing Indian tribes
to establish casinos in that state.
The ruling invalidated a 10-
year-old compact that fonner
Gov. Mario Cuomo reached
with Akwesasne Mohawks to
open a casino in Hogansburg, in
northern New York.
The lawsuit had been filed by
a county Chamber of Commerce
and some gambling opponents.
Hie Mohawk tribe, which
considers itself a sovereign nation not subject to state courts,
did not participate in die case.
New York Solicitor General
Caitlin Halligan said die lawsuit
should not have been allowed,
because of Indian protection
from lawsuits.
CASE to page 5